Item 1. |
Docket No. 98-1090-EXE. The Commission will meet in closed
session to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the Commission's
Executive Director, as permitted by Section 551.074 of the Texas
Open Meetings Act, Chapter 551 of the Government Code. The
Commission may also meet in open session to take action on this
matter as required by Section 551.102 of the Texas Open Meetings
Act, Chapter 551 of the Government Code. |
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No Action Taken |
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Item 2. |
Docket No. 98-1091-EXE. THE COMMISSION WILL
CONDUCT A CLOSED MEETING TO RECEIVE LEGAL
ADVICE AND WILL DISCUSS PENDING OR
CONTEMPLATED LITIGATION, SETTLEMENT OFFERS,
AND/OR THE APPOINTMENT, EMPLOYMENT,
EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR
DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as
permitted by Sections 551.071 and 551.074, the Open Meetings Act,
codified as Chapter 551 of the Government code. No final action,
decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of
further notice issued in accordance with Chapter 551 of the
Government Code. |
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No Action Taken |
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Item 3. |
Docket No. 98-1093-EXE. THE COMMISSION WILL
CONDUCT A CLOSED SESSION TO DISCUSS THEIR
DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION
551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS
CHAPTER 551 OF THE GOVERNMENT CODE. No final action,
decision, or vote with regard to any matter considered in closed
session shall be made in the absence of further notice issued in
accordance with Chapter 551 of the Government Code. |
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No Action Taken |
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Item carried forward from Agenda of September 10, 1998. |
Item 1. |
Docket No. 98-0767-RUL. Consideration for publication of, and
hearing upon, proposed new 30 TAC Chapter 116, Subchapter B,
Section 116.135, concerning Public Notice Requirements for
Concrete Batch Plants and Subchapter F, Section 116.622,
concerning Concrete Batch Plants, an amendment to 30 TAC
Chapter 116, Subchapter F, Section 116.614, concerning Standard
Permit Fees, and the repeal of 30 TAC Chapter 106, Subchapter H,
Section 106.201, concerning Permanent and Temporary Concrete
Batch Plants, Section 106.202, concerning Temporary Concrete
Batch Plants, and Section 106.203, concerning Specialty Batch
Plants. If approved, the proposed new sections, amendments, and
repeals will create a standard permit for all new concrete batch
plants and consolidate existing regulations concerning concrete
batch plants within that standard permit. (Beecher Cameron) (Rule
Log No. 98005-116-AI) |
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Remand to Executive Director |
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Item 1. |
Docket No. 98-1039-SLG. Application by Joe Frank Williams for
sludge registration No. 710795 authorizing the beneficial land
application of domestic septage. The site is located on 85 acres
located within an approximate 350 acre site. The site is located
adjacent to the east side of Old Georgetown Road, approximately 3
miles south of US Highway 84 and approximately 3 miles southwest
of Gatesville in Coryell County. The Commission will consider the
timely motions for reconsideration filed concerning the Executive
Director's issuance of the registration. The motions for
reconsideration were filed under 30 TAC 50.39 and 312.13(e). The
Chief Clerk mailed the approved registration on August 5, 1998.
(Anthony Tatu) |
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Deny Motion for Reconsideration with changes to order as recommended, RM/JB.
All Commissioners Agree |
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Item 2. |
Docket No. 98-1233-SIP. Consideration for publication of and
hearing upon the proposed State Implementation Plan (SIP)
concerning the Attainment Demonstration for the Dallas/Fort Worth
Ozone Nonattainment Area. (Brian Foster) (Rule Log No.
98046-SIP-AI) |
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Approve Publication and Hearing, RM/BM. All Commissioners Agree |
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Rules |
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Item 3. |
Docket No. 98-1185-RUL Consideration for adoption of new 30
Texas Administrative Code (TAC) Chapter 7, Section 7.118;
amendments to Chapter 305, Section 305.521; new Chapter 331,
Section 331.16; amendments to Chapter 336, Section 336.11; and
amendments to Texas Department of Health 25 TAC Section
289.101, concerning Memorandum of Understanding Between the
Texas Department of Health and the Texas Natural Resource
Conservation Commission Regarding Radiation Control Functions.
The adopted memorandum of understanding and related actions
further implement the Senate Bill 1857 transfer of jurisdiction over
the licensing authority for the recovery and processing of source
material and disposal of by-product material from the commission to
the Texas Department of Health. The proposed rules were
published in the August 21, 1998 issue of the Texas Register (23
TexReg 8651-8658). (Kathy Vail) (Rule Log No. 97172-007-WS). |
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Continued to November 4, 1998 per General Counsel |
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Item 4. |
Docket No. 98-0418-RUL. Consideration for adoption of new 30
TAC Chapter 35, concerning Emergency and Temporary Orders and
Permits; Temporary Suspension or Amendment of Permit
Conditions, and revisions to the State Implementation Plan; and for
adoption of amendments to 30 TAC Chapter 116, concerning
Control of Air Pollution by Permits for New Construction or
Modification, and revisions to the State Implementation Plan; 30
TAC Chapter 291, concerning Water Rates; 30 TAC Chapter 297,
concerning Water Rights, Substantive; 30 TAC Chapter 305,
concerning Consolidated Permits; 30 TAC Chapter 321, concerning
Control of Certain Activities by Rule; and 30 TAC Chapter 334,
concerning Underground and Aboveground Storage Tanks. The
primary purpose of the new chapter and amendments is to
consolidate the commission rules concerning emergency and
temporary orders. This action is part of the commission's
implementation of Senate Bills 1 and 1876, 75th Legislature, 1997.
The proposed rules were published in the July 3, 1998, issue of the
Texas Register (23 TexReg 6899). (Robin Smith) (Rule Log No.
97142-035-AD). |
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Continued to Nov 4, 1998 per General Counsel |
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Item 5. |
Docket No. 98-1160-RUL. Consideration for publication of, and
hearing upon, proposed amendments to 30 TAC Chapter 115,
Subchapter B, Sections 115.122, 115.123, and 115.126, concerning
Control of Air Pollution from Volatile Organic Compounds,
General Volatile Organic Compound Sources, Division 2: Vent Gas
Control; and 30 TAC Chapter 115, Subchapter E, new Section
115.440, and amendments to Sections 115.443, 115.446, and
115.449, concerning Solvent-Using Processes, Division 4: Offset
Lithographic Printing; and for revisions to the State Implementation
Plan. This proposal would revise the vent gas rule by: 1) lowering
the applicability threshold from 100 tons per year (TPY) to 50 TPY
for bakeries in the Dallas/Fort Worth (DFW) ozone nonattainment
area, and 2) prohibiting the banking of emission reductions in the
30%-90% range for major source bakeries in the Houston/Galveston
(HGA), DFW, and El Paso areas. The proposal would also revise
the offset lithographic printing rule by implementing the rule
requirements for sources with emissions at or above 50 TPY in the
DFW ozone nonattainment area. (Ann Hammer) (Rule Log No.
98045-115-AI). |
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See Item #11 |
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Item 6. |
Docket No. 98-1088-RUL. Consideration for publication of, and
hearing upon, proposed amendments to 30 TAC Chapter 116,
Section 116.12, concerning Nonattainment Review Definitions and
Section 116.150, concerning New Major Source or Major
Modification in Ozone Nonattainment Areas; and revisions to the
State Implementation Plan concerning the amendments. The
proposed rule changes would restore nonattainment new source
review requirements for nitrogen oxides in the Dallas/Fort Worth
ozone nonattainment area. (Randy Hamilton) (Rule Log No. 98029-116-AI) |
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Approve Publication of Hearing, RM/BM. All Commissioners Agree |
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Item 7. |
Docket No. 98-1193-RUL. Consideration for publication of and
hearing on proposed amendments to 30 TAC Chapter 117,
Subchapter A, concerning Definitions, Subchapter B, concerning
Combustion at Existing Major Sources, Subchapter D, concerning
Administrative Provisions, and Subchapter E, concerning Gas-Fired
Steam Generation; and revisions to the State Implementation Plan
(SIP) concerning the amendments. The changes would clarify
certain control, testing, monitoring, recordkeeping, reporting, and
compliance schedule requirements applicable to major existing
sources of nitrogen oxides in the Houston/Galveston (HGA) and
Beaumont/Port Arthur (BPA) ozone nonattainment areas. The
proposed changes would also extend the Chapter 117 requirements
to the Dallas/Fort Worth (DFW) ozone nonattainment area. (Randy
Hamilton) (Rule Log Nos. 98025-117-AI and 98030-117-AI) |
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See Item # 12 |
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Item 8. |
Docket No. 98-0528-RUL. Consideration for adoption of new 30
TAC Chapter 33, concerning Consolidated Permit Processing; and
for adoption of amendments to 30 TAC Chapter 39, concerning
Public Notice. The primary purpose of the new chapter and
amendments is to implement the consolidated permit processing
provisions of Texas Water Code, Section 5.401 et. seq. The
proposed rules were published in the July 17, 1998 issue of the
Texas Register (23 TexReg 7347). (Dan Wittliff) (Rule Log No.
97170-033-AD). |
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Approve Adoption of Rules, JB/RM. All Commissioners Agree |
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EXECUTIVE SESSION |
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Item 9. |
Docket No. 98-1156-EXE. THE COMMISSION WILL
CONDUCT A CLOSED MEETING TO RECEIVE LEGAL
ADVICE AND WILL DISCUSS PENDING OR
CONTEMPLATED LITIGATION, SETTLEMENT OFFERS,
AND/OR THE APPOINTMENT, EMPLOYMENT,
EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR
DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as
permitted by Sections 551.071 and 551.074, the Open Meetings Act,
codified as Chapter 551 of the Government code. No final action,
decision or vote with regard to any legal or personnel matter
considered in the closed meeting shall be made in the absence of
further notice issued in accordance with Chapter 551 of the
Government Code. |
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No Action Taken |
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Item 10. |
Docket No. 98-1157-EXE. THE COMMISSION WILL
CONDUCT A CLOSED SESSION TO DISCUSS THEIR
DUTIES, ROLES, AND RESPONSIBILITIES AS
COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION
551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS
CHAPTER 551 OF THE GOVERNMENT CODE. No final action,
decision, or vote with regard to any matter considered in closed
session shall be made in the absence of further notice issued in
accordance with Chapter 551 of the Government Code. |
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No Action Taken |
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(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND
THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY
AIDS OR SERVICES SUCH AS INTERPRETERS FOR
PERSONS WHO ARE DEAF OR HEARING IMPAIRED,
READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED
TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF
CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS
PRIOR TO THE AGENDA, SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE
THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION
WITH THEIR ORAL PRESENTATION AT THIS TNRCC
AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN
THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST
FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT
APPROPRIATE ARRANGEMENTS CAN BE MADE.) |
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REGISTRATION FOR AGENDA STARTS AT 8:45 A.M.
UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE
TIMES. LATE REGISTRATION COULD RESULT IN YOUR
MISSING THE OPPORTUNITY TO COMMENT ON YOUR
ITEM. |
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